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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently been to court to attempt to get an

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I have recently been to court to attempt to get an injunction against a lady to keep her away from myself and my family.
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: But I stupidly attended court as a litigant in person and she had a barrister. Ok

Hello my name is ***** ***** I will help you.

What is it you would like to know about this please?

Customer: replied 1 year ago.
Hi are you a barrister please.

Solicitor with Higher Rights. Alex

Customer: replied 1 year ago.
I need to get advice from barrister. But I will ask you to see if you know the definitive answer.
I tried to take out an injunction for harassment against a lady you worked in the same office centre that I was running my company from as she was giving me too much attention and then suddenly sort of suggested that in fact I was stalking her.
This worried me so I thought that if I took out an injunction I could simply keep her away from me.
However, at the initial hearing she refuted in its entirety my statement so it went to another hearing.
Stupidly I represented myself where as she had a barrister who pretty much spent approx. 4 hours really going at me trying to concentrate on emails that I had sent to her during the time when we were just being friendly.
I highlighted to the judge in my new statement that she had admitted telling lies on multiple occasions in her statement through the contradictions that she had made as her statement was an astonishing 142 paragraphs.
99% of her statement was lies and fantasy.
I was just overwhelmed at court and struggled to answer the silly repetitive questions that the barrister kept asking me.
So I did sense that I would not get the injunction as I simply could not get my message across and get the judge to focus on my important points and it really looked like the judge was just believing all of the rubbish.
Hence at the judgement the judge totally ignored everything that I had said and information I had supplied and just considered the things that her barrister had been saying. The judge would not give the injunction and asked me if I would like to appeal and I said yes. But the judge said no she would not allow an appeal.
I should explain here that the lady I was trying to get the injunction against is a psychotherapist, so an expert in manipulation.
I think that an appeal may be fruitless as she is obviously capable of moving the way people think in her favour even when evidence suggests that it does not make sense.
I apologise for that long story.
Here is my question.
After the first hearing the lady asked for an extension to get her witness statements. But what she then did was use that time to go and talk to almost everyone in the office building we shared and tell them what a pretty much nasty person I was and that I was trying to take out an injunction against her. So the whole mood towards me started to shift from people who I had worked near to for more than 2 years.
Then the landlords reception staff and managers in the building started to talk to me in a different way and I felt that I was walking on eggshells.
Then 1 day the lady walked quietly up behind me and pulled a door violently against me. I immediately went to the reception and complained as this was assault. However, the staff totally disbelieved me, said that I was being abusive to them, which I was not and then immediately rang the head office and within 1 day I had a letter telling me that I must vacate the building immediately.
I know this all sounds bazaar, and to be honest I think you can imagine how I really wondering what on earth was going on.
However, in my opinion all became clear in the witness statement of the lady.
In her statement she was telling the court that I had a gun in my office and suggesting that I was violent and would use it.
So with this in mind, during the hearing I asked the lady if she had told the landlords and staff of the landlords that I had a gun and she eventually after waffling on for a while said yes she had.
This of course suddenly made complete sense to what had happened and why the sudden change of attitude towards me who had always been a good tenant.
As a psychotherapist that specialises in domestic violence she is expert in cases of violence, threats etc. and would of course be fully aware of the ramifications of saying someone had a gun and was planning to use it by spreading the word to neighbouring tenants, landlords management and staff and the court.
More so in the present climate where it is very possible that I could have had, or still could have a swat team burst into my house or new place of work as she has now admitted to spreading this around. She also claimed in court that I had contacted a newspaper, which I had not, but she did admit in court to telling this newspaper all her ideas about me.
I would like to know if I can successfully either take out an injunction, maybe have her prosecuted or something using the claims of having a gun as the basis for any such type of action.
She has caused huge disruption to my business, we had to move everything within 5 working hours out of the premises and have now moved into a new rented office.
I am genuinely worried that she will approach the new landlords and any tenants in our new building to continue to cause us problems.
This lady several years ago had claimed she had been assaulted by a prison officer who later committed suicide after marrying her good friend.

Just to be clear you still want to take out an injunction but your original application was refused?

Customer: replied 1 year ago.
I am asking for your opinion as to what I can successfully do to stop that lady from causing us more problems by continuing to tell lies and spread rumour that I keep a gun and that I am a dangerous person. And also to clear my name in the eyes of all of those she has spoken to and made these outrageous and dangerous claims to.
As she has admitted to already doing this verbally with our ex landlords and actually including the claim of a gun in her witness statement to the court, has she done anything illegal, such as inciting action against me and putting me into a dangerous position with the risk of swat suddenly descending on me, or maybe me being detained at an airport etc. Because these claims could and may already have put me onto a list of terror suspects.

Was your injunction dismissed - I just need to know that.

Customer: replied 1 year ago.
Ah. I see. Yes the injunction was dismissed. The judge ignored everything that I said or presented. But that is kind of my point, I did my own witness statement which probably did not highlight everything in the correct way and also the facts of saying I had a gun etc I did not know until she eventually sent me a copy of her statement. So I think that me mentioning this was on deaf ears as I was not correctly presenting the right information to suit an injunction.
Maybe an injunction is not the correct type of claim against her. That is why I am asking your opinion.

Did you ever appeal?

Customer: replied 1 year ago.
Well that was my intention because I realised that in the right hands, i.e. a barrister that we would have had a stronger case the second time round. So when the judge made her decision she said that I had a right to appeal. I then said I wanted to appeal, but she refused to allow mw an appeal.

When was the injunction dismissed?

Customer: replied 1 year ago.
Friday 22nd July 2016. 2 days ago.

On what basis was the injunction dismissed? What reasons did the Judge give?

Customer: replied 1 year ago.
Basically she said that my friendly banter in early emails proved that I was friendly with her and that my claim that she was harassing me did not ring true. But like I said earlier, she disregarded all of the proven lies and contradictions of this lady, yet after 4 hours or so of full on attack mode by her barrister I was not proven to have told any lies at all. I honestly thought that if I highlighted the fact that this person is a manipulative liar that at least the judge may give my evidence at least a little bit of credibility or believability. However, the judge only considered and said she believed the defendant. I was 100% disregarded.
I must have just hopelessly presented the information in completely the wrong way or format.

Ok - so the Judge found it was friendly and did not constitute harassment?
Why didnt you just report it to the Police instead?

Customer: replied 1 year ago.
I did report her assaulting me to the police. But when asked if I wanted to make it a criminal act I said that I was happy just for the police officer to have a talk with her and nicely warn her to keep away.
But she denied to the police that any incident had happened.
Then in court she did admit an incident had happened but that she did not conspire it assault.
Again just another lie that the judge ignored.
I know this sounds all very incredible, but I am giving you the real facts.
Like I said my whole case that I put forward must have been done completely wrong in a legal way.
Customer: replied 1 year ago.
Maybe a barrister would have told me not to try to take out an injunction of that type.
Customer: replied 1 year ago.
At the time of me handing in the injunction papers, she had not assaulted me and as far as I was aware had not started to tell everyone that I was dangerous with a gun.
Customer: replied 1 year ago.
this is what I am asking you.
Can I take out something based on what she had done since that we can prove and that she has admitted in written evidence and in court. I.e claiming I had a gun and was dangerous.

Sadly I think because you tried the civil route, unless the Judge made a decision which was wrong in law or an error in procedure you have no grounds for appeal.

The Judge decided that this was not harassment, therefore I dont think you can appeal.

What you can do is keep a diary of the harassment and then report this to the Police.

The Police can investigate this and warn the person to stop the harassment. If the person does not stop them the Police can prosecute.

But on the basis the main injunction was dismissed this is all you can do at this stage - go down the criminal route.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Could you please just clarify if the telling my landlord and the court that I had a gun in my office, a criminal offence or classed as any kind of harassment.

Telling Landlord no, telling Court maybe perjury


Customer: replied 1 year ago.
Is it possible that I can use the perjury to my advantage now.

Possible yes, but a Court would have to make a finding of fact that it was.

Does that clarify? Alex

Customer: replied 1 year ago.
Ok Alex. That is clear. Thank you for your help. What I have learned in this whole episode is that a fool represents himself in court.

Well its much harder I am sorry to say.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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